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the said Katherine was entitled to her dower; and accordingly gave judgment, that she should recover against the said Edward May and Robert Kent, as well seisin of the said third part of two-thirds of the said messuages, lands, tenements, and hereditaments, situate and being in the said county of Kilkenny; as also the value of the said third part, from the death of her said husband John Kent, which amounted to £143 7s. 4½d. and also her costs.

In Hilary term following, the said Edward May and Robert Kent brought a writ of error in the court of King's Bench in Ireland, and assigned general errors; and after several continuances, the said Katherine, in Trinity term 1729, suggested, that the said Edward May, one of the plaintiffs in error, was dead, whereby the said writ of error abated; and that James May, Esq. was his son and heir; and she took out a scire facias against the said Robert Kent and James May to revive the said judgment, and have the benefit thereof.

[489] In Michaelmas term 1729, the said Robert Kent and James May appeared, and prayed time till Hilary term then next, to take out a writ of error quod coram vobis residet; which being granted, they sued out a writ of error accordingly; and in Michaelmas term 1730, the Court of King's Bench affirmed the judgment of the Court of Common Pleas, and awarded a writ of seisin of the said dower; and that the defendant Katherine should have execution as well for the sum mentioned in the said judgment, as for the value of her said thirds, from the time of giving the said judgment, which amounted to £312 12s. 9½d. and £35 4s. 6d. for her costs.

Whereupon in Hilary term following, the said James May and Robert Kent brought a writ of error in the Court of King's Bench in England; and after several arguments, the judgment of the Common Pleas in Ireland, and the affirmance thereof in the Court of King's Bench in that kingdom, and the award of the writ of seisin of the said dower, were affirmed in Easter term of 1733, but the rest of the said judgment was reversed, which no ways affected the merits, or the right of the said Katherine to her dower; and the Court ordered, that the record should be remitted to the King's Bench in Ireland, and that the Judges of that Court should issue a writ of inquiry, to inquire of the value of the said dower, from the time of the said judgment of the Court of Common Pleas in Ireland, to the affirmance thereof in the King's Bench in that kingdom.

On the 22nd of November 1732, the said Robert Kent and James May sued out a writ of error, returnable in parliament, and assigned the general errors, and the said Katherine joined in error; but on the 23rd of May following, and before the cause could be brought to a hearing, the said Robert Kent died; whereupon it was ordered by the House, on the 2nd of May 1735 (Jour. vol. 24. p. 540), that the record should be remitted to Ireland, unless the surviving plaintiff in error, and the representative of the said Robert Kent, brought a new writ of error within two days of the then next session.

In January 1735, the said James May, the surviving plaintiff in error, preferred a petition to the house for enlarging the time for bringing a new writ of error; which was referred to the consideration of a committee. But before any report could be made, the said James May died, whereby the said writ of error abated; and the House, on the 26th of January 1735 (Jour. vol. 24. p. 578), were pleased to order that the record should be remitted to the Court of King's Bench in Ireland.

In Michaelmas term 1736, the said Robert Whitby and Katherine his wife alledged their marriage; and that John Kent was the son and heir of the said Robert Kent deceased, and that James May was the son and heir of the said James May deceased; and on the 28th of November 1736, they took out a scire facias against the said John Kent and James May, whereupon the sheriff returned a scire feci as to James May, and a nihil et non est inventus as to the said John Kent.

[490] On the 12th of February following, a second scire facias issued, returnable in Easter term then next; whereupon the sheriff made the like return as before; and the said John Kent and James May having made default, the Court of King's Bench in Ireland, in Easter term 1737, gave judgment that the said Robert Whitby and Katherine his wife should have seisin of her said dower; and they awarded a writ of inquiry, to see how much the same amounted to, from the tune of the said judgment in the Court of Common Pleas in Ireland, to the affirmance thereof in the King's Bench in the said kingdom.